What if ITC Limited has been operating and using the 'Darjeeling Lounge' long before the enactment of the Act?
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2024
What if ITC Limited has been operating and using the 'Darjeeling Lounge' long before the enactment of the Act?
Answer & Explanation:
ITC Limited running and using the "Darjeeling Lounge" before the enactment of Geographical Indications of Goods (Registration and Protection) Act, 1999, as to the case of dilution, the name "Darjeeling" has been extensively used in many trading and commercial circles for decades before the GI Act was enacted. In a case of dilution by blurring, it is the uniqueness of a mark which is protected even in a case where there is no likelihood of confusion. But the word "Darjeeling" has been and continues to be so widely used as a business name or for like purpose for so long that the plaintiff's recent plea would, prima facie, not entitle them to enjoy the kind of exclusivity that they asserts/claim.
Topics: Geographical Indications of Goods (Registration and Protection) Act, 1999
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